Loading...
HomeMy WebLinkAbout05-07-2013 CCM LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 1 of 14 CITY OF LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Mayor Pearson called the meeting to order at 7:02 P.M. PRESENT: Mayor Pearson, Council Members Bloyer, Nelson, Smith, and Park Also Present: City Administrator Zuleger, City Attorney Snyder, Planning Director Klatt, City Engineer Griffin, Finance Director Bendel, and Program Assistant Gumatz. PLEDGE OF ALLIGENCE ORDER OF BUSINESS Mayor Pearson states that Public Comments on Item 17 will be limited to 20 minutes. He asks that information offered only be new information because of the time limit. APPROVAL OF AGENDA MOTION: Council Member Nelson moved TO APPROVE THE MAY 7, 2013 CITY COUNCIL AGENDA AS PRESENTED. Council Member Smith seconded the motion. Motion passed 5-0. ITEM 1: ACCEPT MINUTES THE APRIL 16, 2013 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS OF THE CITY COUNCIL. PUBLIC COMMENTS/INQUIRIES Karen Johnston 8200 Hill Trail N spoke on the limited public comments on the lake issue being 20 minutes. She believes that Council should listen to the people and that 20 minute limit is unprecedented and offensive to the public. Library Board Member Sarah Linder 11108 12th St N gave an update on the Library and some upcoming events. There is an event coming up with author Gloria VanDemmeltraadt and her new book, “Memories of Lake Elmo,” on Saturday May 11th at 10:30am and Tuesday May 14th at 6:30am. Another event is the recurring music jam on Wednesday nights with the next one on Wednesday, May 15th. There is another author event with Bayport author James Kosmo, on May 16th at 6:30pm, where he will be giving a presentation about his book, “Still Standing: The Story of SSG John Kriesel.” On Friday, May 17th the New Century Artist Reception will begin. They do work at the Lake Elmo Regional Art Center. Other reoccurring events include story time for preschoolers and toddlers on the first and third Fridays of each month, and the East Metro Writers Room is open Mondays and Wednesdays from 8:30am until Noon. Starting on June 10th there will also be a Summer Reading Program for elementary and middle school kids. Ms. Linder also highlighted some of the best sellers that are available right now at the Library. Jim Blackford 9765 45th St N spoke on the level of public discourse. Has worked well with council in the past. Contacted by Sheriff’s office about his comments at the last council meeting. Says it’s LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 2 of 14 wrong to limit discussion on an important topic. He also talks about an article that was in the paper about the lake issue. Council Member Park responds that calls to the Sheriff were made because at last meeting Council Members were being interrupted as they were trying to speak. It was very disrespectful. Asks folks to not talk while Council is speaking tonight. Council Member Smith responds that no one council member speaks for all of them and that newspapers don’t always get things right. She notes her frustration with the fact that someone called the paper and made this a wider issue. Mayor Pearson also responds about at the last meeting there was 3.5 hours of public comments and that is why input will be limited to 20 minutes. Charlie Stockwell from the Minnesota Boat Club spoke about the MPLS Rowing Club requesting to host a two day rowing competition on Lake Elmo, the 110th NW International Regatta Championship will be held on August 3rd and 4th. They have sent a letter to lake shore residents and received consent from 2/3 of the residents. They have also submitted a special event permit in early April to the City of Lake Elmo which is currently in the process of review. There will be about 400 rowers from US and Canadian rowing clubs who will compete in 52 events. This event will be sanctioned by the US Rowing Association and managed from Lake Elmo Park Reserve. It will be a 2000 meter competition and the event will run from 7am to 7pm on both Saturday and Sunday. They will request a no wake rule for competition and will work with Washington County to get all permits needed. This will be the third time in history that this event will be held in Lake Elmo. PRESENTATIONS ITEM 2: ROTARY CLUB DONATION- GREG HALL Lake Elmo Rotary Club President-elect Greg Hall presented a donation to the City for the purposes of the beautification of Lake Elmo. Rotary, along with elected officials, city staff, appointed boards, and local citizens have been hard at work pulling together a vision of how to maintain and enhance the appearance of the city as it grows. During the past several years, Rotary has been raising money for various potential projects involving Lake Elmo beautification. Tonight’s donation represents a down-payment to help support the planning and dollar needs of the city with respect to enhancing the character and appearance of Lake Elmo. Mr. Hall presented a check in the amount of $8,000 to Finance Director Bendel. CONSENT AGENDA 3. Approve Payment of Disbursements and Payroll 4. Approve Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies and Master Subscriber Agreement for First Appearance Support Track (FAST) Access; Resolution 2013-31 5. Approve a Revised Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies and a Fast Access Subscriber Amendment for Washington County Pilot Program; Resolution 2013-32 6. Approve League of MN Cities Insurance Trust Waiver Form – Annual Renewal 7. Olson Lake Trail Sanitary Sewer Project – Resolution Approving the Joint Powers Agreement with the City of Oakdale; Resolution 2013-33 LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 3 of 14 8. Sanitary Sewer Service Agreement – Resolution Approving Agreement with the City of Oakdale; Resolution 2013-34 9. Easement Encroachment Agreement – 10978 57th St. N. MOTION: Council Member Park moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Council Member Smith seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 10: DAMON FARBER ASSOCIATES – LAKE ELMO THEMING PROJECT FINAL KIT OF PARTS Tom Whitlock from Damon Farber Associates presented the theming and branding study for the City of Lake Elmo. It is about creating a unique identity for the City. Over six months, they developed a kit of parts which will become a tool box to use for future projects in the City. Mission statement and goals want to represent the earth, the sky, and the water – what everyone holds dear about Lake Elmo. Mr. Whitlock presented examples of what can be implemented in the public realm – street lights, banners, lighting, signage, planting, benches, etc. This kit of parts will help to tie the community together as a whole, from the I-94 corridor as it is developed, to the Old Village Area. Planning Director Klatt stated that staff recommends that the Council accept the document. Staff would like the Council to have the opportunity to weigh in on the work that was done so that as further development occurs, the City can use this document as something that has been endorsed by the City Council. MOTION: Council Member Smith moved TO ACCEPT THE LAKE ELMO BRANDING AND THEMING STUDY. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. ITEM 11: PROPERTY MAINTENANCE CODE Building Official Rick Chase presented the International Property Maintenance Code of 2006. The Code is a list of requirements for exterior property maintenance. The 2006 Property Maintenance Code has been adopted by neighboring communities- Woodbury, Oakdale, Cottage Grove. This will be used in addition to the City Code to bring all properties up to compliance. It will provide a uniform standard that will be the same for every parcel of land in the City. Mr. Chase also outlined the benefits of having used the property maintenance code. Council Member Park asked about what would happen if the Council had questions or concerns about a certain section in the future. Building Official Chase explained that the Council is able to amend or delete any section of the book at any time. He spoke about how neighboring communities use this so it’s not uncommon and historically enforcement of the code has been an issue in the City. LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 4 of 14 MOTION: Council Member Smith moved TO APPROVE ORDINANCE 08-075, THEREBY ADOPTING THE 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE AS AMENDED. Mayor Pearson seconded the motion. Motion passed 4-1 (Nay – Nelson). ITEM 12: ZONING MAP UPDATE Planning Director Klatt presented the new Zoning Map update. He stated that this item was approved and recommended by the Planning Commission. The new Zoning Map is needed to bring codes up to date and address the fact that urban development needs to be regulated in the City as we move forward and bring sewer to communities. The Zoning Map establishes districts in the community and adds new districts to the map. This new map correlates very well with the new zoning regulations. The new map also eliminates Holding Zones and creates a Rural Transitional (RT) Zone for future sewered areas in the City. Other changes to the previous map include zoning the three parcels along Hudson Blvd as Commercial (C) because they will be served with sewer and a change to the Cimarron Manufactured Home Park, which is changed to a Medium Density District (MDR). Council Member Park asked for clarification on the RT Zone. Planning Director Klatt clarified that the Land Use Map that was sent to the Met Council identifies possible future uses for land. When applications come in for new development, it is expected that they will also apply to re-zone the properties. Council Member Smith asked about the R2-PUD zones on the map. Planning Director Klatt clarifies the designations of the Future Land Use Map and the new Zoning Map and that the R2-PUD designation is for a Single Family District and the only place that shows up in the City is for Carriage Station. Council Member Park asked for clarification on the “holding zones” to make sure that future development is still allowed in these areas. Planning Director Klatt responds that anything that can be done in the Rural Residential Districts can be done in the Rural Transitional Zones and explains some minimum requirements of those zones. Mayor Pearson asked if there were any reservations from the Planning Commission. Planning Director Klatt explains that it was unanimously recommended for approval. Mr. Klatt also outlines one other minor change to the Zoning Map having to do with the Lake Elmo Oil Property zoning district change. MOTION: Council Member Smith moved TO ADOPT ORDINANCE 08-076 AMENDING CHAPTER 154 OF THE CITY CODE BY ADOPTING A NEW OFFICIAL ZONING DISTRICT MAP. Council Member Nelson seconded the motion. MOTION PASSED 5-0. ITEM 13: TREE PRESERVATION ORDINANCE Planning Director Klatt gave an overview of the Tree Preservation and Protection Ordinance. This is part of the process to prepare the City for further growth and development going forward. This Ordinance would correct one of the deficiencies that the Planning Commission has found in the code; that there is no provision to deal with preservation and protection of trees as new developments occur. Many other cities have something like this. Commission made recommendation for ordinance in packet, when developing site, try and preserve as many trees as they can or that they have a plan for replacing trees. When you get above a certain threshold of removal you must have a plan for replacing trees at certain basis. There is a preference for different LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 5 of 14 types of trees. Not a real impediment to development, but something that can apply to all properties equally and to help add value to the development moving forward. Mayor Pearson asked more about what the threshold for replacement is. Planning Director Klatt responded that it depends on what type of trees you are replacing and that it is not a 1:1 ratio. The intent of the Ordinance is that there will be some replacement of trees coming back to the development. Council Member Smith asked about how restrictive this Ordinance is compared to City of Woodbury. Planning Director Klatt responded that it is pretty comparable to what Woodbury has. Smith also asked about if the Planning Commission recommendation was unanimous. Mr. Klatt responded that it was. Council Member Nelson asked question about if someone comes in with their preliminary plat, will they have to do a tree survey. Mr. Klatt responded that there is some level of interpretation left open for staff to not require a tree survey to be done. Council Member Smith commented on most of the land in the City being farmland and wants to make sure there is a way for the Council to grant a variance or relax the process depending on what plans are being brought in. Council Member Nelson expressed concerns about a developer coming in to develop land and they are not touching any trees. They are still required to pay to have tree survey done, which costs money, and can be a burden. Mayor Pearson clarified with Planning Director Klatt that staff can be flexible with developers. Mr. Klatt responded that staff can be flexible and there is an amendment drafted they can add to the Ordinance if Council would like to have that exemption stated in the code. The amendment would add language so that if a proposed development project will not include any impact to significant trees on the site, the applicant can submit a Woodland Evaluation Report rather than a Tree Preservation Plan. The Woodland Evaluation Plan is also defined. MOTION: Council Member Park moved TO APPROVE ORDINANCE 08-077, ESTABLISHING STANDARDS FOR TREE PRESERVATION WITHIN DEVELOPMENT AND GRADING ACTIVITIES AS AMENDED. Council Member Smith seconded the motion. MOTION PASSED 5-0. MOTION: Council Member Smith moved TO APPROVE RESOLUTION 2013-35, AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-077. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. ITEM 14: OFF-STREET PARKING REGULATIONS ORDINANCE UPDATE Planning Director Klatt explained the Off-Street Parking Regulations Ordinance. This is recommended by the Planning Commission to bring code up to date. Right now, the code does have some parking standards, but they are very sporadic and limited to certain districts for certain types of uses. This would create a new parking section in the code and list each use and set a parking standard for each activity. Standards generally come from the American Planning Association and this recommendation tries to get at minimum standards that are needed to serve that business. Not trying to be over-burdensome. This Ordinance would rescind any parking standards that are currently in the code and add a new section that would adopt the new standards. LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 6 of 14 Council Member Park asked about the Planning Commission vote. Mr. Klatt responded that it was a unanimous recommendation. Council Member Bloyer asked about if this Ordinance will cover existing single family homes as well as new developments. Mr. Klatt responded that this Ordinance will apply to new developments, and that existing homes or businesses that do not comply, they are grandfathered into the code. Council Member Smith asked about the part of the code that deals with things like parking at Tablyn Park. Mr. Klatt responded that there is a separate section of the code that deals with on-street parking. This new section of the code just deals with off-street parking. Council Member Nelson asks for a couple points of clarification for the Old Village. Mr. Klatt described the exemptions for downtown businesses and when a parking study would be required. MOTION: Council Member Bloyer moved TO APPROVE ORDINANCE 08-078, ESTABLISHING OFF- STREET PARKING AND LOADING REQUIREMENTS FOR ALL USE CLASSIFICATION IN THE LAKE ELMO ZONING CODE. Council Member Smith seconded the motion. MOTION PASSED 5-0. RESOLUTION MOTION: Council Member Smith moved TO APPROVE RESOLUTION 2013-36, AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-078. Council Member Park seconded the motion. MOTION PASSED 5-0. ITEM 15: OLSON LAKE MINOR COMPREHENSIVE PLAN AMENDMENT Planning Director Klatt explained the Olson Lake Minor Comp Plan Amendment. The initial project will be to provide sewer to 5 property owners along part of Olson Lake Trail. It is a joint project with the City of Oakdale. Amendment is needed in order to add language to the waste water section of the Comp Plan so that these properties are included and to revise the map to show that this area is now part of the future sewer service area. In addition to initial 5 homes, the City has identified other homes that could be provided with extension of the sewer line. This amendment would also add these and other homes along Olson Lake Trail to the future sewer service area, so that as the City works with Oakdale on the sewer extensions, we do not need to continually come back and amend our Comp Plan. All of the affected property owners have been polled and a large majority of them do support this project moving forward. Mr. Klatt also noted that staff is asking that change be approved contingent upon review by the Met Council. This is considered a minor change, and can be administratively reviewed by the Met Council, so rather than the normal 60 day review with adjacent city comments, it is just an administrative action by the Met Council. Mr. Klatt also explained that the Resolution before Council states that once this amendment is approved by the Met Council, it will not need to come back before the Council for approval. Rather, the plan change will be implemented upon approval by the Met Council. Mr. Klatt pointed out that this was reviewed by the Planning Commission, where they had a Public Hearing, and that it received unanimous support. Council Member Smith noted that there have been five or six Council Meetings on this and Council is very familiar with the proposal. MOTION: Council Member Smith moved TO ADOPT RESOLUTION NO. 2013-037 APPROVING AN AMENDMENT TO CHAPTER VI OF THE LAKE ELMO COMPREHENSIVE PLAN EXPANDING THE CITY’S PUBLIC SEWER SERVICE AREA. Council Member Nelson seconded the Motion. MOTION PASSED 5-0. LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 7 of 14 ITEM 16: CONSTRUCTION OBSERVATION SUPPORT SERVICES – RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH THE CITY OF MAPLEWOOD City Engineer Griffin explained the item. This Joint Powers Agreement with the City of Maplewood deals with the Keats MSA and Trunk Watermain project. Work on this project is set to begin soon. One of the services provided for this project from an engineering level is having a construction observer/inspection on site with the contractor to oversee all aspects of the project. Generally, this service is provided by a highly trained engineering technician. Staff has learned that the City of Maplewood has delayed their 2013 street improvement project and they have a technician on their staff that would be short of work. Staff approached Maplewood about entering into a Joint Powers Agreement to utilize personnel from Maplewood to do the service for this project. Staff negotiated a contract with Maplewood which will save the City of Lake Elmo roughly $20-25K over the course of the entire project. Mr. Griffin also noted that this Joint Powers Agreement was approved by the City of Maplewood at their City Council Meeting on April 19th. Council Member Nelson thanked City Engineer Griffin for connecting the dots on this and saving the City quite a bit of money. MOTION: Council Member Nelson moved TO APPROVE RESOLUTION NO. 2013-038, APPROVING THE JOINT POWERS AGREEMENT WITH THE CITY OF MAPLEWOOD FOR THE UTILIZATION OF ENGINEERING SUPPORT STAFF. Council Member Smith seconded the motion. MOTION PASSED 5-0. Mayor Pearson recessed the meeting at 8:36 and reconvened at 8:44. ITEM 17: WATER SURFACE USE AMENDMENT §97.21(B)(1)(b) REVISION City Administrator Zuleger spoke about help that the City of Lake Elmo has received from neighboring cities such as Oakdale, Hugo, Maplewood and Stillwater. He thanked all these cities for working with us on various issues. Mr. Zuleger also thanked staff for all their hard work tonight and leading up to getting all the work done that was passed tonight. Mr. Zuleger presented information on questions that staff had answered regarding the Water Surface Use Ordinance from the previous Council Meeting. Mr. Zuleger noted that at the request of Mayor Pearson, staff held meetings with the Washington County Sheriff’s Office, the Minnesota Department of Natural Resources, MnDNR lake biologists, as well as some lake biologists from Wisconsin to better understand our issues. Mr. Zuleger also recapped of the April 16th meeting in which 57 residents spoke on the proposed surface water use ordinances changes, with 51 being opposed to any change, as well as the petition presented in which 98% of signers opposed changes. City Administrator Zuleger recapped a meeting held with the DNR on April 30th. Major findings from this meeting include: • City has primary authority to set surface water use regulations on lakes within its jurisdictional boundary with DNR review • the DNR review includes basic tenants of safety, equality and fairness of use, and public sentiment; • DNR review will include talking to enforcement staff who have knowledge of these particular lakes; LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 8 of 14 • the current proposed ordinance does meet the basic tenants with the exception of penalties and enforcement clause and; • an environmental lake designation has nothing to do with use City Administrator Zuleger offered one other important point which is while not codified, DNR boater safety distance is guided by the 150 foot personal watercraft rule. The DNR would also be willing to partner with the City on a lake quality study which would include invasive species issue. Specific to the new Ordinance, DNR notes that having different time restrictions on different lakes within a community is not unusual, for boater safety counter-clockwise motion is highly recommended, clear enforcement and penalty clauses need to be adopted, periodic review of local ordinance effects on lakes and lake use is advisable. They also had questions on the City’s enforceability on winter use restrictions. Mr. Zuleger recapped the meeting with the Washington County Sheriff’s Department. Major findings from staff meetings with the Sheriff’s Department include: • there have been no major water safety or lake use violation history on the Tri-Lakes at this time, showing that the previous ordinance has efficacy; • ordinance compliance and enforcement is predicated on clear signage; • buoy placement is strictly enforced by MN Boat and Safety Rules 6110.1800 and that should clearly be stated in the City’s ordinance and; • they support a counter-clockwise provision. Mr. Zuleger also noted that Lake Elmo Lake will have a full-time boating patrol this summer, and the Tri-Lakes will be patrolled by a mobile patrol with enforcement not starting until noon, unless otherwise called. Mr. Zuleger explained that the City has also tracked public opinion since the 4/16 Council Meeting. For the Tri-Lakes area the City has received 23 reactions, 19 of which were against the action that was taken by the Council and 4 were in favor of it. A petition has also been submitted by Jill Lundgren stating that over 85% of folks want to go back to the pre-2011 ordinance. The Catholic Complex are signatories on the petition as well. For Lake Jane specifically there have been 12 reactions to the 4/16 action taken at the Council meeting, 10 against the action and 2 in favor of the action taken. A petition has been submitted by Ms. McDonough stating that 78% of people are in favor of going back to the pre-2011 ordinance. Mr. Zuleger then presented staff conclusions based on this information. The staff conclusions include: • the current ordinance is working as there are no major law enforcement issues at this time; • the City of Lake Elmo, not the DNR, has jurisdiction over local lake use regulations, including the establishment of a no wake lake; • uniform times for lake use make it easier for the public to understand use expectations and for law enforcement; • studies conducted across the nation seem to indicate motorboat wake on shallow lakes have an accelerated effect on shore land erosion due to wave velocity; LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 9 of 14 • the April 16 ordinance meets Washington County and DNR satisfaction, and when amended on enforcement and penalties, is within defined designed standards and; • Tri-lakes landowners seem to be in favor of no change and no compromise of time on the currently adopted ordinance. Mr. Zuleger also noted that DNR is caught in kind of a quandary because they usually never see proposals come to them that want to relax lake restrictions, and that they generally do support increased use of the lakes. Mr. Zuleger then presented staff recommendations. Staff recommends: • that the City Council adopt formal enforcement and penalty language to strengthen the ordinance; • create a uniform, seven day a week time on the Tri-Lakes for ease of enforcement and to clearly delineate lake use expectations; and • that an annual review be including in the ordinance that would allow the City, the DNR and Washington County the ability to examine the previous season’s lake use effect on quality of life, water quality, and shore land erosion. Mayor Pearson commented about surveys and the Ground Source tool that the City is currently working to implement as a way in which the City could survey residents. Mr. Zuleger talked about the Parks Survey that the City will be sending out, which will have some lake use questions on it. He also highlighted other ways in which the City has been reaching out to residents via communication tools. Council Member Park asked about section 97.23 Prohibited Structures and Uses, of the Perfecting Amendment, and about whether an applicant who would like to have a special event on a lake will be required to provide insurance. City Administrator Zuleger stated that there is a form applicants must fill out from Washington County, which will then be validated by the City Clerk prior to the event. The responsibility for determining whether or not it is a proper event is accomplished by Washington County and then they send info to the City so that we know the event will be taking place and that it has been authorized. Council Member Smith commented about the numbers of people who spoke against the Ordinance changes at the last meeting. She spoke about a belief someone had that coming to the Council Meeting was a bigger vote or weighted more heavily, and that that is not true. She also commented that some of the names on the surveys submitted of people who are against changes have sent emails saying that they are for changes and that it is confusing as to which opinion should be listened to. City Administrator Zuleger responded that staff has taken the viewpoint that if a name is on the petition they are a signatory of the petition. Council Member Smith commented that her issue with the petition is that it was not conducted by an outside party. Mr. Zuleger commented that any petitions turned in to the City are taken seriously and are put on the record. Mayor Pearson reminded everyone that public comment will be for a period of 20 minutes and that intent is to take comments from those wishing to offer new information which will be valuable to policy deliberation. He also asked that comments be kept to three minutes per person. LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 10 of 14 Public input: 1. Jill Lundgren 8282 Hidden Bay Ct N presented the petition from Olson Lake and Lake Demontreville lakeshore owners. She thanked the Mayor and Council for their work on this issue. She stated that the Olson Lake and Lake Demontreville lakeshore owners want the pre-2011 ordinance reinstated. 85% signed the petition at their own free will. They asked that Council rescind the hours of operation back to what they were before because that was fair and that was balanced for our lake. She is concerned that coercion took place while obtaining signatures for this petition. Property owners are the stewards of the lake. She expressed concerns about shore line erosion and AIS. This topic does not need to be revisited each year. Also spoke about the Jesuits and Carmelites. She also stated that petition signers respectfully disagree with how this issue has been handled, and that they will be relentless to get it back to the way it was. 2. Betsy McDonough 4711 Birchbark Trail presented the Lake Jane petition. She thanked the Mayor and Council for reconsidering this issue. She explained the petition – 65 properties on the lake, 55 with homes on them. 80% of homeowners want the original sunset to noon no wake ordinance reinstated. The homeowners are also concerned about the water quality, shore line erosion, and wild life habitat. They clean up the trash that is left from others and maintain the shore line so that everyone can continue to utilize the lake both now and in the future. Mayor Pearson asked Ms. McDonough about the survey that was done in 2011 of Lake Jane homeowners that showed almost exact opposite results as the survey that was presented tonight. He asked Ms. McDonough if she has any ideas as to why there was such a change. Ms. McDonough replied that while she can’t speak for others, she has heard some people felt there was a lot of confusion, people didn’t know what they were signing or felt they were being coerced into signing that petition. 3. Pat Dean 8028 Hill Trail North presented four pages that show the times of sunrise and sunset for the months of April-October. He explained the wake period of time when using noon and 9am as wake starting times. He explained differences between amounts of time people are allowed to use the lakes when using the two different starting times. He also stated that there is no time set for other lake usages such as snowmobiles, motor bikes, four wheelers, cars, motorcycles. This is just restricting boat usage. 4. Dean Johnston 8200 Hill Trail North has lived on Olson Lake and Lake Demontreville for 30 years. He stated that Council may have come to a different conclusion if they had used a different process, one that is more consistent with their vision statement. He believes a systematic and consistent process should have been used. He hoped Council will consider moving the time back to noon. 5. Robin Dillon 8190 Hill Trail North wasn’t at the last meeting and wants to emphasize that she hasn’t heard anyone talking about people waterskiing at 6am and playing loud music along with screaming and yelling. 6. Jim Blackford 9765 45th St N talks about quality of life issue. He states that Council is supposed to protect the quality of life. Lake Elmo is unique. City values open spaces and quiet spaces. He states that the petitions are there that say what the people want. LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 11 of 14 7. Karen Johnston 8200 Hill Trail N asks Council to look at the City Noise Ordinances because they require a quiet time between 10pm and 7am and there is a sliding scale of other times when noise making activities can start in residential neighborhoods that depends on noise level. Wants to make sure Council is not passing one ordinance that conflicts with another. City Administrator Zuleger discusses the City’s current noise ordinance. Council Member Bloyer states that jet skiing times is regulated by state statute. 8. Joe McGrath 8120 Demontreville Trail reads a letter from his neighbors across the street, written by Father Patrick McCorkel. Council Member Bloyer speaks about other Jesuit Retreat Homes that are on lakes in the country. There are four of them and only one is on a lake that is restricted. He also addresses the petitions and some inconsistencies with them. Council Member Bloyer also read two emails that were entered into the public record (see attached). City Administrator Zuleger suggests that Council discuss the Perfecting Amendment, which will fix issues that DNR and Washington County have with the current ordinance at this time and then discuss the wake time as a second issue. Mr. Zuleger explains the technical changes that the DNR and Washington County would like to see made. Sections that require technical changes include the sections 97.21 (D) Buoys, 97.23 (A) Lake Activities, 97.23 (B) Fee for Lake Use, 97.24 (A) Local Enforcement, 97.24 (B) Penalties, 97.24 (C) Exemptions, and 97.25 Review. Council Member Nelson asks City Attorney Snyder what the penalty would be if someone violated this ordinance. Mr. Snyder responds that it would be a misdemeanor. Council Member Park questioned the review process and how often it would happen and based on whose request. City Administrator Zuleger clarified that a review could be requested by anyone and Council can decide whether or not to review. Mayor Pearson agreed that there should be a review process to assess environmental concerns. There is also discussion on having a survey or poll done by the City at the end of each year because of concerns about the most recent surveys done. City Administrator Zuleger talked about the City being able to have folks from Washington County or the DNR help us out with looking at water quality issues in one year. Council Member Smith spoke about some differences between Lake Elmo and the Tri-Lakes. Lake Elmo is accessed by 300,000 other people each year. There was discussion about previous Ordinance changes that have been made two years ago to look at the high water mark. Council Member Nelson suggested moving to adopt the Perfecting Amendment. Mayor Pearson would like language added to the Amendment that would provide staff with the direction to survey the public. City Administrator stated that staff would recommend Council consider the adoption of 97.21 sub section D, 97.23 sub A and sub B3, 97.24 enforcement sections a, b, c, and 97.25 section on review but include under Effects following ‘quality’ add “, shoreline erosion and lake use safety prior to ice out or the beginning of the normal lake use season, the Lake Elmo City Council shall consult with the DNR, University of Minnesota Extension, Washington County Sheriff’s Department as a part of LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 12 of 14 this review and City Council shall take into consideration any Ordinances including noise that may conflict with Chapter 97.” MOTION: Council Member Nelson moved to ADOPT 97.21 SUB-SECTION D, 97.23 SUB-SECTION A AND SUB-SECTION B3, 97.24 ENFORCEMENT SECTIONS A, B AND C, AND 97.25 SECTION ON REVIEW AND INCLUDE UNDER THE EFFECTS SECTION FOLLOWING ‘QUALITY’ ADD “, SHORELINE EROSION AND LAKE USE SAFETY PRIOR TO ICE OUT OR THE BEGINNING OF THE NORMAL LAKE USE SEASON, THE LAKE ELMO CITY COUNCIL SHALL CONSULT WITH THE DNR, UNIVERSITY OF MINNESOTA EXTENSION, WASHINGTON COUNTY SHERIFF’S DEPARTMENT AS A PART OF THIS REVIEW AND CITY COUNCIL SHALL TAKE INTO CONSIDERATION ANY ORDINANCES INCLUDING NOISE THAT MAY CONFLICT WITH CHAPTER 97.” Council Member Smith seconded the motion. MOTION PASSED 5-0. Council Member Nelson speaks on the time issue. He is a believer of less restrictions and more freedom for everybody. And that people will make good choices. He also speaks about owning a cabin on a lake where people are allowed to use it with no restrictions. He believes that all people should have the choice to use the lakes as the desire from sunrise to sunset. This is a hard choice for Council to make. Speaks about needs vs wants. City is lucky to be arguing over wants. Council Member Park appreciates everyone coming and voicing their concerns. She is in support of sticking with decision made at the last Council meeting because the lakes are public lakes for everyone in the community to use. Feels that she is considering the community at large and not just the lake shore owners. Mayor Pearson talks about sharing of the lakes. He also speaks about his concerns with the surveys and what he has heard that some people have been told and said. Understands the concerns and wants to talk about water quality, safety, the environment and quality of life. Asks people for patience and to give the new Ordinance a year to see what happens and that it can be revisited if changes need to be made. Council Member Bloyer stated that his goal is that he would like to see the lakes more in line with more of a standard DNR regimen. He speaks on the original ordinance that was passed in 1981. This is about letting people use the lakes more. Council Member Smith thanks the people who have been respectful. Doesn’t like having to make this decision and that it was a hard one to make. She states that at the end of the year she will re-look at the decision and see if it has made a difference. Council Member Bloyer discussed the wake times he hopes gets passed. He read 3 emails to be entered into the public record (see attached). Public Input: 9. Susan Hawkinson 4891 Olson Lake Trail asks if anyone is an activist for environmental issues. She contends that the focus of the Ordinance change has been on waterskiing when it should be on environmental issues and that many petitioners consider themselves to be water-skiers as well as LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 13 of 14 stewards of the lakes. Says that Council already has a review of the pre April 16th ordinance because of the petition stating that 83% of people want to see the no wake time moved back to noon. 10. Gary Fields 4751 Olson Lake Trail is a new resident to the City. He says Council is opposing the public opinion and they should be concerned about this and the public perception that it will generate. This will create a negative opinion of the town. Council Member Smith spoke about the decision to put in the Lake Elmo Library and remove the City from the Washington County Library System and that it was made even though the majority of public opinion was against the decision. The majority of citizens also disagreed to put sewer up Lake Elmo Avenue. Council Member Nelson also commented that the petitions were from lake shore owners and they represent less than 5% of the population of the City. This is more than just the lake shore owners backyard, it is a public issue. Mayor Pearson responds to environmental concerns and thinks Council has addressed many of the concerns. 11. Mary Grundeen 8270 Hidden Bay Trail has been a resident for over 42 years. Before they were allowed to purchase property was interviewed and had to be strong in their environmental concerns. History of the city is of part of the environmental concern. Mayor Pearson reiterated again that he would like to try this for one year and see what happens. He understands the quality of life issue and understands the lake shore owners concerns. But he does not believe that the change will bring in tons of water skiers and tubers. Wants to change to 9am for uniformity. There is discussion on the Mayor’s 9am proposal. MOTION: Mayor Pearson moved to CHANGE THE SUNSET TO SUNRISE NO WAKE PROVISION AND GO TO A SUNSET TO 9AM NO WAKE PROVISION. Council Member Park seconded the motion. MOTION FAILED 1-4 (Nay – Nelson, Smith, Bloyer and Park). City Administrator Zuleger clarified the no wake language and that Chapter 97.21 (B) language will be for the Tri-Lakes no wake from sunset to sunrise Monday through Friday and sunset to 9am on the weekends and holidays. Mayor Pearson recessed the meeting at 10:51 and reconvened at 10:56. DISCUSSION ONLY ITEM 18: CITY COUNCIL RETREAT (SMITH/NELSON REQUEST) There is discussion about having a Council Retreat this year. ECONOMIC DEVELOPMENT AUTHORITY APPOINTMENTS City Administrator Zuleger presented the slate of candidates for Council’s approval. Mr. Zuleger endorses the slate and highlights their experience and diversity. There is discussion about when the Council appointments to the Planning Commission to fill vacancies will be made. MOTION: Mayor Pearson moved to APPOINT MIKE PEARSON TO THE ECONOMIC DEVELOPMENT AUTHORITY ALONG WITH NICOLE PARK, DAN RALEIGH, JOHN THOMPSON, JOHN SCHILTZ, LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 14 of 14 STEVE NELSON, TONY YOKUM, AND JEFF CASWELL. Council Member Bloyer seconds the motion. MOTION PASSED 5-0. SUMMARY REPORTS AND ANNOUNCEMENTS Council Member Nelson – no report. Council Member Smith – no report. Council Member Bloyer – no report. Council Member Park – no report. Mayor Pearson – no report. City Administrator Zuleger – Staff has been working on lake issue for 2 weeks. Staff has been doing a great job. Also talks about meeting with developers and some housing people who are interested in Lake Elmo. Parks Survey update. City Attorney Brekken: working with City engineers on development issues on the I-94 corridor. Planning Director Klatt – notes that Lennar EAW posted on website. Anticipating and planning for a preliminary plat review of Lennar development in June with Planning Commission. Attended Greater MSP event that focused on establishing and identifying trends that are affecting the region. Next planning commission meeting will deal with more zoning ordinance updates including signs. City Engineer Griffin – Keats Ave project beginning this week. Project schedule received today. Will be put up on website. Resident meeting on May 16th to talk about construction process for Keats Ave. Contractor will be there. Talk about the process, traffic control, and what to expect. Olson Lake Trail Project, have now met with all five residents that are impacted this year and spoke with them about where to put their grinder stations and all five are eager to hook up. Finance Director Bendel – no report. Program Assistant Gumatz – no report. City Administrator Zuleger points out all of the positive things that were done tonight. Big work was done tonight. Mayor Pearson comments that the City has accomplished a lot tonight. Meeting adjourned at 11:08 P.M. LAKE ELMO CITY COUNCIL ATTEST: _______________________________________ Mike Pearson Mayor ______________________________________ Beckie Gumatz Program Assistant